JW DCNF v DOJ Comey Obama admin memos motion 00967
Autogenerated text from PDF
Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA JUDICIAL WATCH, INC., and THE DAILY CALLER NEWS FOUNDATION, Plaintiffs, U.S. DEPARTMENT JUSTICE, Defendant. Civil Action No. 18-00967 (CKK) PLAINTIFFS MOTION FOR PRESERVATION ORDER Plaintiff Judicial Watch, Inc. and the Daily News Caller Foundation, counsel, respectfully submit this motion for order requiring Defendant U.S. Department Justice preserve the records issue this Freedom Information Act case. Pursuant LCvR 7(f), Plaintiffs request hearing this motion. Plaintiffs also request expedited consideration this motion because they are concerned records responsive Plaintiffs FOIA requests will lost destroyed. grounds therefor, Plaintiffs state follows: MEMORANDUM POINTS AND AUTHORITIES This case concerns two FOIA requests for records ex-FBI Director James Comey. Judicial Watch submitted request for memoranda Comey summarizing conversations with President Barack Obama, Vice President Joe Biden, Secretary State Hillary Clinton, Senator Chuck Schumer, Representative Nancy Pelosi, and Senator John McCain, and any handwritten notes used prepare such memoranda. DCNF submitted request for records Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page that identify and describe all meetings between former FBI Director James Comey and President Barack Obama. report issued June 2018, the Office the Inspector General the U.S. Department Justice stated, identified numerous instances which Comey used personal email account Gmail account) conduct FBI business. U.S. Department Justice Office Inspector General, Oversight Review Division 18-04, Review Various Actions the Federal Bureau Investigation and Department Justice Advance the 2016 Election (June 2018, available https://www.justice.gov/file/1071991), 425. addition, the OIG concluded that given the absence exigent circumstances and the frequency with which the use personal email occurred, Comey use personal email account multiple occasions for unclassified FBI business [is] inconsistent with the DOJ Policy Statement. Id. 426. Under the law, [a]n officer employee executive agency may not create send record using non-official electronic messaging account unless such officer employee- (1) copies official electronic messaging account the officer employee the original creation transmission the record; (2) forwards complete copy the record official electronic messaging account the officer employee not later than days after the original creation transmission the record. U.S.C. 2911. June 27, 2018, Plaintiffs contacted Defendant and asked for confirm that the FBI had obtained possession all records potentially responsive Plaintiffs FOIA requests that are located Comey personal email account. Plaintiffs followed least two occasions. Because Plaintiffs had not received response, July 25, 2018, Plaintiffs asked Defendant for its position this motion. Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page response, Plaintiffs were informed that the FBI allegedly had sent Comey letter requesting that preserve federal records responsive Plaintiffs request and that return any agency records his possession not already returned the FBI.1 Plaintiffs have asked for copy the letter. Defendant refuses provide it. Considering the troubling finding the OIG and because Plaintiffs not know specifically what the FBI asked Comey and what, any, steps Comey taking ensure preservation, Plaintiffs are concerned records responsive Plaintiffs FOIA requests will lost destroyed. 10. Plaintiffs request nothing out the ordinary. least three other judges this Court have granted such requests the last two years. See Preservation Order, Judicial Watch, Inc. U.S. Department Homeland Security, Case No. 16-00967-RDM (D.D.C. Jan. 18, 2017); see also Minute Order, Judicial Watch, Inc. U.S. Department Justice, Case No. 17-cv-00029-EGS (D.D.C. Jan. 17, 2017); Memorandum Opinion and Order, Competitive Enterprise Institute Office Science and Technology Policy, Case No. 14-00765-GK (D.D.C. Dec. 12, 2016). 11. particular, Judge Moss ordered individuals including two former government officials copy any emails from the relevant time period any private email accounts that might contain responsive materials onto portable thumb drives, kept the individuals personal possessions. Preservation Order, Judicial Watch, Inc. U.S. Department Homeland Security, Case No. 16-00967-RDM (D.D.C. Jan. 18, 2017). 12. Plaintiffs respectfully request expedited consideration this motion. The FBI allegedly sent the letter July 26, 2018, the day which Plaintiffs anticipated filing this motion. Case 1:18-cv-00967-CKK Document Filed 07/27/18 Page 13. Defendant opposes this motion. WHEREFORE, Plaintiffs respectfully request the Court order Defendant preserve all records potentially responsive Plaintiffs FOIA requests located ex-Director Comey personal email account. Dated: July 27, 2018 Respectfully submitted, /s/ Michael Bekesha Michael Bekesha D.C. Bar No. 995749 JUDICIAL WATCH, INC. 425 Third Street SW, Suite 800 Washington, 20024 Phone: (202) 646-5172 Counsel for Plaintiffs Case 1:18-cv-00967-CKK Document 14-1 Filed 07/27/18 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA JUDICIAL WATCH, INC., and THE DAILY CALLER NEWS FOUNDATION, Plaintiffs, U.S. DEPARTMENT JUSTICE, Defendant. Civil Action No. 18-00967 (CKK) [Proposed] Order Upon consideration Plaintiff Motion for Preservation Order and the entire record herein, hereby ORDERED that: Plaintiff Motion for Preservation Order GRANTED; and Defendant shall preserve all records potentially responsive records Plaintiffs FOIA requests located ex-Director Comey personal email account. ORDERED. DATE:________________ _______________________________ The Hon. Colleen Kollar-Kotelly, U.S.D.J.